ABHA SINHO Vs. ANSAL BUILDWELL LTD

JUDGEMENT

(1.) There is delay of one day in filing the revision petition. Though, an application for condonation of delay has not been filed, but in the interest of justice, we condone the said delay.

(2.) On 31.05.1997, the complainants/petitioners, Mrs. Abha Sinho, Mrs. Vilas Bhushan, Dr. Vidya Bhushan and Mrs. Kum Kum Marwah booked a flat bearing F-242, Ground Floor, in the proposed project, named as Shalimar Residency, Sushant Lok-II, Gurgaon, Haryana, with M/s. Ansal Buildwell Ltd., the opposite party. Its price was fixed at Rs.19,95,000/- with discount of Rs.50,000/- for initial booking. The complainants were promised that they would get the possession of the flat within three years, i.e. by June, 2000. The complainants visited the site in February, 1999, but found that no flat was made at the site. The complainants vide letters dated 09.02.99 and 20.04.99, requested the OP to pay interest on their deposit, but those were not responded.

(3.) On the pursuance of the OP, the complainants opted for some other flat in another Scheme of the OP, known as Royal Residency Floor, Sushant Lok-II, Gurgaon, Haryana, in September, 2000. By that time, the complainants had paid 85% of the total cost of the above flat, in the sum of Rs.10,31,957/-. The price of the second flat was Rs.13,75,000/- with rebate. The OP had promised to pay the complainants interest @ 15% p.a., on advance payment and Rs.30,000/- as discount payable for initial booking.